Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Landlord authorised his general Power of Attorney holder to collect rent and file civil & Revenue suits in case of dispute - Held, attorney can file criminal complaint too - Mere fact that word `Criminal Court' has not been expressly mentioned would not preclude..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2(a), 6(2) -- Recognised agent - Includes General Power of attorney holder - When plaintiff's Advocate himself files GPA, Court is bound to take note that execution and authorisation by plaintiff is prima facie established - Reason for appointing GPA to prosecute litigation irrelevant - Court cannot probe into propriety or..........
General Power of Attorney -- Suit filed by G.P.A. holder - Burden lies on plaintiff to prove genuineness of G.P.A. at the trial - Defendant even before filing written statement making application to direct plaintiff to appear before Court to ascertain his state of mind when he executed GPA - Order of lower Court allowing such application - Unsustainable...........
Evidence Act, 1872, Section 65 -- Secondary evidence - General Power of attorney - Loss of original - Application rejected on ground of delay - Document had already been tendered in evidence and exhibited - Petitioner wanted permission so that any future objection may be met - Order rejecting application set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint to add party - Bank by General Power of Attorney authorised two persons to jointly file suit - Suit filed by one - Amendment of plaint sought to add the other person - Amendment allowed-Held that Bank merely rectifying act of its agent...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint to add party - Bank by General Power of Attorney authorised two persons to jointly file suit - Suit filed by one - Amendment of plaint sought to add the other person-Application for amendment of plaint filed after claim of Bank became time barred - Held that by..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Counsel's power to compromise - Even if not conferred by power - of - attorney - Advocate in India has got general powers to compromise - Client if does not want to give power to compromise to his counsel - Must specifically issue instructions to that effect Even if the power to compromise has not been conferred by the..........
General power of attorney -- Rules of construction - Interpretation - Where authority is given for special purpose followed by general authority to sell, mortgage or gift - It must be construed to be given for the special purpose...........
General Power of Attorney -- Attorney can deal with existing properties of principal as well as property acquired after constitution of power of attorney until the power of attorney ceases or is revoked - Contract of sale of property by power of attorney cannot be cancelled on the ground that property was acquired and owned by the principal subsequent to the date of power..........
Civil Procedure Code, 1908, Order 6, Rule 15 -- G.P.A. - Verification of plaint - General Power of Attorney executed giving powers to sign the plaint and to do all other things necessary for proper prosecution of the case - Power to sign plaint includes the power to institute suit and verify the pleadings - Order of trial Court dismissing suit holding that GPA is not..........
